The main legal point established in the judgment is the mandatory nature of the preliminary assessment under section 15 of the Juvenile Justice Act, to be completed within the specified time frame as mandated by section 14(3). Non-compliance with these provisions would result in an injury or prejudice to the substantial rights of the child and occasion a failure of justice.

JUDGMENT :

Vinod Diwakar, J.

1. This judgment is being structured in the following conceptual framework to facilitate the discussion:

2. I heard Shri A.B.L. Gour, learned Senior Counsel, assisted by Shri Pradeep Kumar Bhardwaj, learned counsel for the applicant, and Shri Vaibhav Anand Singh, learned A.G.A. for the State Respondent and perused the record.

I. Prosecution Case in Brief

3. As per the prosecution’s case, while the complainant party was sowing in the field, the accused party attacked them with a sharp-edged weapon and also resorted to fire. One of the injured died in hospital, whereas three victims sustained serious injuries. The petitioner is also arrayed one of the accused along with six others. On reporting to the police on 11.10.2016, an FIR No.0484 of 2016 under sections 302, 147, 148, 149, 307, 504 & 506 IPC was registered at P.S. Pali, District Lalitpur. After concluding the investigation, the police filed a charge sheet in the instant case on 21.7.2017 before the Juvenile Justice Board qua petitioner.

4. The petitioner claims to be minor at the time of the offence and placed reliance on the High School Certificate dated 15.5.2016 issued by the Board of High School and Intermediate Education, Uttar Pradesh, in which the applicant's date of birth is mentioned as 19.9.1999. The petitioner was 17 years and 22 days old at the time of the incident. In essence, the petitioner was over sixteen years old but less than eighteen years of age; therefore, claim rescue of section 15 read with section 14(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The core argument of the petitioner is that the order dated 19.7.2019 passed by the Juvenile Justice Board, Lalitpur, is defective in law and, thus, has no legal sanctity, therefore, the Children's Court, has no competent jurisdiction. Notably, the Juvenile Justice Board, Lalitpur, initially tried the matter, and after it, vide impugned order dated 19.7.2019, holding the juvenile (petitioner) has the physical capacity to commit the murder and could understand the consequence of the offence and the circumstances in which the murder has been committed referred the matter to the Children's Court (POCSO Act), Lalitpur for further trial

II. Issue before this Court

5. Aggrieved by the impugned order dated 19.7.2019, the petitioner has preferred the instant petition to transfer the case to the Juvenile Justice Board, Lalitpur, for further trial in accordance with the provisions of the Act[Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘Act’)]. In essence, whether the Board was right to invoke the provision of section 15 of the Act in utter disregard of section 14(3) of the Act[Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘Act’)] and justified in transferring the case in question for further trial to the Children's Court having jurisdiction to try such offences.

III. Submissions

6. In this background, Shri A.B.L. Gour, learned Senior Counsel assisted by Shri Pradeep Kumar Bhardwaj, learned counsel for the petitioner, outlined his arguments as under:

6.1 On completion of the investigation, when it was revealed that the applicant was less than 18 years of age at the time of the incident, the Investigating Officer submitted the charge sheet before the Juvenile Justice Board qua petitioner and Chief Judicial Magistrate qua other accused persons.

6.2 The petitioner was a juvenile at the time of occurrence of the crime, and therefore, his case shall be tried before the Juvenile Justice Board.

6.3 On 2.2.2017, the petitioner filed an application before the Juvenile Justice Board, Lalitpur, to declare him a juvenile,